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ATTACHMENT "A" Appeal of PA-1000131 Approved by Planning Commission on May 19, 2011 1. Basis of the Appeal. The Planning Commission erred in approving PA- 1000 13 1(the "Project"). As stated by counsel for the Appellant at the hearing of May 19, 2011, the Project's traffic, noise, air quality and land use compatibility impacts were not properly assessed pursuant to the requirements of the California Environmental Quality Act, as well as applicable provisions of the San Joaquin County General Plan and Development Title. As a result, the Commission lacked sufficient and substantial evidence to support required Findings 1, 2 and 4 as set forth in the Staff Report to the Planning Commission. An Environmental Impact Report should have been prepared to properly quantify and mitigate significant and potentially significant impacts. CEQA's procedural requirements were ignored. The Planning Commission also contradicted its long-standing practice of granting each side to a contested land use matter at least one continuance, prejudicing Appellant's ability to present its case. 2. List any conditions and/orfndin sig gMealed. In the absence of appropriate analysis and mitigation measures/conditions of approval for the Project's traffic, noise, air quality and land use compatibility impacts, the Commission erred in making required Findings 1, 2 and 4 in the affirmative. Appropriate environmental review should be conducted to determine whether the required findings can be made.